Caution against naming special prosecutor now

This is an interesting article from a prosecutor's perspective. If you haven't read it already, it's worth reading from the beginning.

Of Black Holes and Radio Silence

Monday 20 April 2009

by: Elizabeth de la Vega, t r u t h o u t | Perspective

...

Well, if not now, then, when? Wouldn't the same interminable process just happen later? Not necessarily. Notwithstanding the public statements that the president and attorney general made in connection with the release of the memos, I find cause for optimism in their actions. No smart lawyer who secretly wanted this entire issue to disappear would have released those torture memos. From a prosecutor's point of view, the release of those memos with their authors' names in full view was pretty much the same as releasing their photographs with bloody knives in hand. The president and the attorney general may not have said much, but what they did was quietly flip the switch on a searing bright light.

Yes, Obama's Chief of Staff, Rahm Emmanuel, has now said flatly that there will be no prosecutions of Bush officials, but the reality is that this story is far from over. As former CIA head Michael Hayden said on April 19, more by way of complaint than promise: "There will be more revelations. There will be more commissions. There will be more investigations," he said.

This statement may be one of the few Hayden has ever made that I can agree with. The truth is that - frustrating and appalling as it is - given the amount of damning information that's been revealed, we are just starting this process. If we are to have any hope of achieving some form of justice for these criminals and their victims, we must let the horror of the conduct and the extent of culpability reveal themselves in public view. And we must facilitate a narrowing of the focus so that specific defendants and charges can be clearly identified in the minds of not just the general public, but decision-makers at the Justice Department.

What we continue to need, in sum, are unwavering spotlights, even more civic education, and, most importantly, an irrefutable and cohesive factual narrative - comprised of direct and circumstantial evidence - that links the highest-level officials and advisers of the Bush administration, ineluctably, to specific instances and victims of torture. What we will surely have, however, if a special prosecutor is named, will be precisely the opposite: The initiation of a federal grand jury investigation right now would be roughly the equivalent of ceremoniously dumping the entire issue of torture into a black hole. There will be nothing to see and we will be listening intently to radio silence, trying to make sense of intermittent static in the form of the occasional unreliable leak. For years. There may never be any charges and we will almost certainly never have the unimpeachable historical narrative that we need.

http://www.truthout.org/042009R